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Patna High Court

Akta Bhai Kendra Lucky @ Akta Bhai LuckyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to conditions.

Summary

The petitioner, a Block Education Officer, was arrested on 30 January 2026 for allegedly accepting a bribe of Rs.10,000 under Section 7(a) of the Prevention of Corruption Act. He filed a regular bail application, claiming innocence and that he had been falsely implicated and suffered prolonged incarceration. The State and Vigilance opposed the bail, noting that a charge‑sheet had been filed. After considering the submissions and the length of custody, the Court inclined to grant bail, imposing a bond of Rs.10,000 with two sureties and conditions of regular appearance and cooperation. The Court clarified that its observations were prima facie and not a determination on the merits of the case. The bail application was allowed.

Issues considered

  • Whether regular bail can be granted to a public servant accused under Section 7(a) of the Prevention of Corruption Act despite the filing of a charge‑sheet
  • Whether the period of custody and the nature of the alleged offence justify the grant of bail

Legislation cited

Subjects

  • bail
  • prevention of corruption act
  • bribery
  • criminal procedure
  • regular bail
  • public servant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28582 of 2026
                       Arising Out of PS. Case No.-11 Year-2026 Thana- VIGILANCE District- Patna
                 ======================================================
                 Akta Bhai Kendra Lucky @ Akta Bhai Lucky S/o Kapildeo Singh Resident of
                 vill- Rampur Kaithi, Post - Amrahi @ Angrahi, P.S- Haspura, Distt.-
                 Aurangabad, Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Vigilance, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Prakash
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                                                  Mr. Harendra Prasad, APP
                 For the Vigilance        :       Mr. Arvind Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-05-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel for the

                   vigilance.

                                2. The petitioner seeks regular bail in connection with

                   Special Case No. 17 of 2026 arising out of Vigilance Case No.

                   11 of 2026 registered for the offence under Section(s) 7(a) of the

                   Prevention of Corruption Act.

                                3. As per the prosecution case, the petitioner, who was

                   working as a Block Education Officer, was caught while

                   accepting a bribe of Rs. 10,000 from the complainant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather
Patna High Court CR. MISC. No.28582 of 2026(3) dt.12-05-2026
                                            2/3




          he has falsely been implicated in the trapped case. Petitioner is

          in custody since 30.01.2026. It is further submitted that the

          petitioner has been suspended and he has suffered long

          incarceration.

                       5. Learned A.P.P. for the State and the learned counsel

          for the Vigilance have vehemently opposed the prayer for bail. It

          is submitted that the charge-sheet has been submitted.

                       6. Having considered the rival submissions and the

          facts and circumstances of the case as well as the period of

          custody of the petitioner, this Court is inclined to allow the

          prayer for bail.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Special Case No.

          17 of 2026 arising out of Vigilance Case No. 11 of 2026 subject

          to condition that:-

                                             (i). The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
            Patna High Court CR. MISC. No.28582 of 2026(3) dt.12-05-2026
                                                        3/3




                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.

                                   9. The application stands allowed.



                                                     (Sandeep Kumar, J)
Shishir/-

U       T


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